Planning and Environment Court Bill 2015

Introduced: 12/11/2015By: Hon J Trad MPStatus: PASSED with amendment

Justice & Rights Housing & Renting Environment

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Plain English Summary

Overview

This bill gives the Planning and Environment Court its own stand-alone Act instead of being buried inside the Sustainable Planning Act 2009. It keeps the existing court running, pairs with the Planning Bill 2015 to handle development disputes, and encourages more use of mediation and other alternative dispute resolution to settle cases faster and more cheaply.

Who it affects

Anyone appealing a planning decision - including residents objecting to nearby developments, developers, community groups and local councils - plus the judges, registrars and lawyers who work in the court.

Key changes

Creates a single, dedicated Act for the Planning and Environment Court, pulling its rules out of the Sustainable Planning Act 2009
Writes the court's guiding principles into law: cases must be resolved justly and quickly, avoiding undue delay, expense and technicality
Keeps 'de novo' appeals so the court can re-decide planning decisions on the full merits, not just review the original decision-maker
Sets a default rule that each party pays its own costs, with costs orders available for frivolous, vexatious or improperly motivated cases
Allows more than one ADR registrar to be appointed to run mediations and decide certain matters without a full trial
Makes it a contempt offence to disobey a court order, with the same powers as a District Court judge
Continues existing judges, orders, directions, proceedings and the 2010 Court Rules through transitional provisions

How this affects you

Justice & Rights

•The Planning and Environment Court gets its own stand-alone Act, making it easier to find the rules that govern planning disputesClauses 1-4The Bill continues the existing Planning and Environment Court and pulls its constitution, jurisdiction and powers out of the Sustainable Planning Act 2009 into a dedicated Act.
•Each party usually pays their own legal costs, unless a case is frivolous, vexatious or brought to delay or obstruct a competitorClauses 59-61Clause 59 sets the general rule that each party bears their own costs, with clause 60 listing circumstances, including improper purpose and lack of reasonable prospects of success, where the court can order costs.
•Disputes can be resolved faster and cheaper through mediation, with more ADR registrars able to help parties reach agreement without a full trialClauses 15-28, 67The Bill continues and expands the ADR framework, allows the principal registrar to appoint more than one ADR registrar, and lets an ADR registrar hear and decide certain matters if the court directs.
•Disobeying a court order is treated as contempt, carrying the same powers as in the District CourtClause 36A P&E Court judge has the same power to punish for contempt as a District Court judge, and a failure to comply with a court order is declared to be contempt.

Housing & Renting

•If you object to a nearby development, you can still appeal council decisions to the court and have them re-heard fully on the meritsClauses 43, 46Appeals to the P&E Court are by way of hearing anew ('de novo'), meaning the court stands in the shoes of the original decision-maker and re-decides the application on the evidence before it.
•Community groups and neighbours can run declaratory and enforcement cases in a representative capacity, including on behalf of unincorporated groupsClause 41A representative may start declaratory or enforcement proceedings on behalf of a person or unincorporated body with the consent of that person or its governing body, and the common law rule against maintenance does not apply.
•Court hearings about planning decisions must generally be open to the public so you can see how disputes about development are decidedClause 42A P&E Court proceeding must be open to the public unless the court has ordered it to be decided on written submissions only, or the rules provide otherwise.

Environment

•The court's jurisdiction over environmental, coastal, heritage, fisheries and vegetation matters under around 28 other Acts continues unchangedClause 7Clause 7 confirms the Planning and Environment Court has jurisdiction given to it under any Act (each an 'enabling Act'), covering planning and development, environmental protection, coastal protection, heritage, fisheries, marine parks and transport infrastructure.
•Anyone can ask the court for a declaration about whether a land use or development is lawful under the new Planning ActClause 11Any person may start a declaratory proceeding about the lawfulness of land use or development under the Planning Act, the interpretation of that Act or this Act, or a matter done or to be done under either Act.
•Enforcement orders against unlawful development can still be sought, and the court can award costs against people breaching those ordersClause 61If the court makes an enforcement order or interim enforcement order against a person, it may award costs against that person.

Bill Journey

Introduced12 Nov 2015

First Reading

Committee

Committee Report

Second Reading

In Detail

Third Reading

Royal Assent25 May 2016

Referenced Entities

Sectors Affected

Property Development Land Management Legal Services Civil Law Courts

Classified using AGIFT/ANZSIC Australian government standards

Planning and Environment Court Bill 2015

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Places

Roles & Offices

Sectors Affected

Source Documents